Council Selects “New” Vice Mayor, Decides Another Emotionally-Charged Hillside Home Case

The election of a “new” vice mayor, approval of federal grant money applications and yet another emotional battle between neighbors over a hillside view dominated Monday evening’s meeting of the Pasadena City Council.

Following a closed session of the Council, Mayor Terry Tornek convened the Council’s annual organizational meeting to elect a new vice mayor. “Following tradition” as she described it, Councilmember Margaret McAustin nominated current Vice Mayor Gene Masuda to a second term, which was approved unanimously by the full Council.

The Council also continued a meeting on capital improvement projects following an afternoon joint meeting of the Finance Committee and the the full Council. Mayor Tornek reported the Council discussed funding for a number of projects including streetscapes, street lighting, parks, and the Arroyo Seco. The meeting was continued to May 9.

The full Council also approved a series of applications for Community Development Block Grant (CCBG) entitlement funds in the amount of $1,794,088, and the expected $225,000 in program income for a total availability of $2,019,088 for the 2016-2017 CDBG program activities;

The applications approved included applications for $160,921 for 2016-2017 Emergency Solutions Grant funded activities and entitlement funds; HOME entitlement funds in the amount of $507,945, and expected program income of $116,023 for a total availability of $623,968; for 2016-2017 HOME program activities.

A large portion of the federal funding would go towards eight homeless housing organizations throughout the city as part of the city’s Action Plan, including assisting at least 60 homeless families to receive rapid rehousing funds to take them off the street, as well as funds to address community needs through housing, homeless prevention, public service, infrastructure and public facility improvements activities.

The money would also fund 31 projects across the city, including $40,000 for the Boys & Girls Club of Pasadena Teen Program expansion, $25,000 for employment Services for Persons with Developmental Disabilities, $25,000 for the Mothers’ Club Family Learning Center, $25,000 for Pasadena City College Project LEAP; and and $100,00 for Pasadena Unified School District’s Northwest Community Schools.

The matter of a appeal of a Board of Zoning Appeals (BOZA)decision on hillside property permit at 1835 Kaweah Drive was then taken up. Patrick and Sonia Nicholson were asking the council to overturn the BOZA decision against their construction, and grant a minor variance for a reduced front yard setback. The city staff recommendation was to overturn the decision and approve the new home.

The project is located on a hillside slope near two vacant lots, but also next door to the Kaweah Drive home of Daniel and Barbara Grady, whose home and view would be at a slight cross angle to the new project and would lose 15 percent of its view. The new project would be set at a zero setback from the street, and its deck would be shortened in order to lessen the impact on the Grady’s view.

According to planner Louis Rocha, the project qualified for “exceptional or extraordinary circumstances” and other homes in the area have similar setback conditions. The couple have made nine changes to their deck since the beginning of the project’s planning.

Like many of the local residents, the Nicholsons are long-time Pasadena residents, though a number of local neighbors testified against the granting of their permit.

“My view is blocked,” said Grady. “Everyone in the neighborhood takes care to see that their projects fit into the neighborhood. Everyone has been compliant and privacy has been respected and honored. This is about compliance and view protection and privacy.”

“This greatly impedes our privacy,” said Barbara Grady, who also said that Richard McDonald, attorney for the appellants allegedly told her she was “lying” and that her appeal photos were “fraudulent.”

Neighbor Ron Lamutt showed photos of the view out of the Grady’s living room, demonstrating, he said, that the new project is blocking the view significantly. Said neighbor Carol Hicks, frustratedly, “The Nicholsons are not honest brokers, and the Gradys were there first.”

Richard Jacinto, attorney for the Gradys, repeated earlier claims by some residents that the Nicholsons never met with neighbors before submitting their plans.

“They were invited to come to the Gradys, but they didn’t want to,” he said.

Arthur Drye, a 42-year resident, who was against the project’s approval, said, “A ‘corridor’ view is one thing, but your view should be a total view.” Another resident, identified only as “Mimi,” said that the a retaining wall that would be built as part of the project to hold back soil and rain water, would be a “safety hazard with massive landslide potential.”

Attorney McDonald responded that the Nicholsons worked with city staff, not with neighbors, remarking, “Since when do you let your neighbors design your home?”

Following the public comments, Councilmember John Kennedy said, “There seems to be some element of arbitrariness in these types of decisions, but I would ask that both of the parties be neighborly.”

Mayor Tornek, who was outvoted in a similar case two weeks ago, said, “This case is a no-brainer. I have been to the Gradys’ home, and there is a lot of view left. But we can’t be absolute in these cases, it seems. We need to use some discretion.”

In the end, the staff recommendation was approved and the BOZA decision was overturned, allowing the Nicholsons to complete their project.